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Do I approach another probate solicitor?

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  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would write back, stating that you are not happy with the outcome of your comaplint, as the issues have not been addressed or resolved.
    In that letter, set out what you want to happen. e.g.
    - for them to bill you for the work done (excluding any duplicated work, work to correct errors or time spent reviewing the file due to it being passed to different people) and then to return everything to you. OR
    - for them to clsoe the file and return all paperwork to you OR
    - for the person now having conduct to write to you / meet with you, in then ext 7 days, setting out what has been done so far, what needs to be done, whether there is enough money available to pay the IHT and if not, what they advise OR
    - whatever else you want them to do.

    If you can, be specific about any timescale for them to respnd and make it clear that this is the same complaint as you originally made, not a new one (that way you don't restart the clock on their timescales)

    If they don't respond, or tell you they have nothing to add to the previous response, you can refer to the ombudsman but in that case I would also look at moving to a new solicitor and using the complaint as a way to address the costs.
    NOTE: the solicitors may be entitled to keep the papers (lien) until you have paid their bill, but not after that. And that would not stop you pursuing a complaint about the costs.

    As the solicitor is not the executor you can change to a different firm. This will incur some costs as the new solicitor will need to review the file and so on, but it may make things less stressful in the long term.

    As you are both executors, your sister would need to agree the change.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • jalvpa wrote: »
    Probate has to be applied for within 6 months of date of death

    Or else what?
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